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    • Oh yeah, I messed up the numbering. So should I keep paragraph 1-3, then use my original ones for the CCA? No CPR / NOA or DN. Thank you for your patience. I don't really fully understand all this legal stuff.   Revised draft defence:   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.    2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.    4. On the 04/08/2018 I sent a formal request for a copy of the Credit Consumer Agreement to the Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. <---- do i need to delete 77 or 78? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the agreement and that any account they had was unenforceable so therefore the Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.    Thanks
    • Ok, you haven't got the set aside yet so you can't file the 'full blown' defence we would normally file upon receipt of a claim form, you need to await the set aside and if a subsequent hearing is requested to file what you have.   your 1st no.5. Is about the only relevant bit above. But no a cpr is not a cca and you didnt send a cpr or any other request for noa or dn?   DX
    • DRAFT DEFENCE The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.  4. On the 04/08/2018, I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. <<- is this the CCA request? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the original agreement and that any account they had was unenforceable so therefore, the Claimant has failed to date to respond to the CPR and remains in default of the section 78 request. <<- their response to CCA request 3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment / balance / breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant should prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.  6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I believe the facts stated in this Defence are true.
    • just copy and past the text into a msg box here then its far easier to edit/quote for us please   dx  
    • Hi dx   Thank you very much. That has been a great help. I have been searching the forum, but wasn't finding anything that I thought was relevant to our situation.   Find attached v2 of draft defence.   Have I missed anything? are the other documents ok?   Thanks cag-ddv2.pdf
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CAPQUEST - SD received for EGG card debt


giveITallback
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Hello and help!!

 

I have today received the above notice from Capquest.

 

 

They are handling my debt from Egg for a credit Card Default from 2005 for £2000+

 

 

I was for some time paying them a reduced amount but after reading things on here

and the fact I could not afford to anymore decided to stop paying them.

 

 

I also sent them a request for a CCA agreement last year.

 

 

They replied with a document 2 pages long showing my signature and some brief APR rates.

I have never done anything since and and have now been threatned with this bankruptcy notice

which they seem to be sending to many of their customer base.

 

 

I have ONLY 18 days to respond and really do not want to be made bankrupt.

 

 

Can anyone also tell me if because I made some payments to them does this mean the default

to them will remain on my Credit File for 6 years after my last payment or from the date of the original default?

 

Please please help, 18 days and counting! :sad:

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Will get someone to look in here for you.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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do you still have a copy of what they sent you for your cca request?

 

can you scan this up with the sd?

 

deleting any personal or idenitfing details?

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I am now totally frustrated with this thread. I started it and my comments have vanished. Well How am i supposed to find things when folk move them. I was told to get the people involved to register a stay with the courts. Thats Not the right way. CapQuest was expecting them to fork out the £375.00 for it I got a reply to my case saying they have decided

to take no further actions on the Statutory demand and the people can consider the demand withdrawn.

 

They had no intentions of going ahead with the bankruptcy . as it would have cost them about £700 plus cost. Just more bluff and bullying from a DCA.

Its about time that all DCAs played the game within the rules and obey the law as we have to do. What makes them so special as they can get away with things. Come on lets fight for our rights and have no worries about doing the same to them as they do unto us .

 

Regards Blencathra

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do you still have a copy of what they sent you for your cca request?

 

can you scan this up with the sd?

 

deleting any personal or idenitfing details?

 

Ida x

 

 

Hi,

 

OK below are the links to all they sent to me after CCA request, please advise if this is the correct information to enforce the debt.

 

http://i372.photobucket.com/albums/oo169/mjlogic/Capquest-CCA1.jpg

http://i372.photobucket.com/albums/oo169/mjlogic/Capquest-CCA2.jpg

 

Please advise.

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Looks like we have called it by the same name. Oh well Its the same thing

Dont give in to them if they have no proof of ownership they cannot go ahead. Besides. you have to fork out £375.00 for the pleasure. They have no intentions of paying for it themselves.

 

Just ask them to prove they have ownership of the alleged debt if they have not they cannot go ahead with the actions as the case would be in dispute and they would be in default .. Have you requested them send you a copy of your agreement ?

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Unsure of all the confusion here-this is deffo Giveitallbacks thread-blencathra I will try and see whats happened to yours.But no doubt you can both learn here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I checked the logs and cant find anything blencathra.

Looks like your thread was not active.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I would certainly always recommend setting aside a stat demand.....you need to dispute it substantially, whether or not they have provided an agreement with the prescribed terms, default notices in the prescribed manner, notices of assignment, excessive charges on the account.

 

First thing to do is download forms 6.4 (set aside) and 6.5 (affadavit) which can be found here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

There are no court fees in submitting a set aside, and Capquest never seem to turn up in court. They are hoping that this will scare you into paying, but generally the judiciary do not like the Insolvency service used as a tool for collecting disputed debts....

 

Once you have filled out the forms, you need to call your local county court to check they handle bankruptcies / insolvencies, if they don't then they should be able to tell you the nearest that does.

 

Take the set aside and affadavit in to the court once completed. ask the court staff to swear in your documents and any associated paperwork that you refer to in the affadavit...(this is usually free) but local solicitors will charge £5 to swear in an affadavit, and it normally costs £12 in central London courts. Once this is done, what usually happens is a hearing is set normally 4-6 weeks after you have submitted the documents....

 

As for costs you can claim back £9.25 per hour for research into things like the Insolvency Act / Consumer Credit Act

Mileage at 40p per mile

Postage

Parking

And you can ask the judge to order the alleged creditor to pay your time off work costs if there are any.

 

The costs sheet which should be headed LITIGANT IN PERSON COSTS must be submitted to the courts 24 hours before the hearing (they should be faxed through or posted to be AT THE COURT 24 hours before the hearing)

 

Please do have a read through here as there are many 'won' cases against Capquest... - DCA Legal Successes - The Consumer Forums

 

This is also worth bearing in mind too - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

 

If you try and call the person named on the demand it is almost certain that you won't be able to get through log the times and dates that you have tried, if you do get to speak to this person, just tell them you will be setting the demand aside and claiming your costs.

 

If the demand is sent by post, then nothing will have effectively been served on you

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

(1) Service of the should be proved by affidavit.

(b) if substituted service has been ordered, a sealed copy of the order;

and it should be filed in court immediately after service.

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

This too also worth bearing in mind -

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt

 

This is also a very useful post too - Statutory Demand: Service by Post - Consumer Wiki

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Hi thanks for the reply, so as the demand was served on me by post and required no signature and no attempt has been made to deliver in person, is there really any need at this stage to set aside? If they do follow it through suddenly in the future is it possible to set aside then as they have not followed procedure? Problem is that the court is a 40 mile round trip that I would rather not have to make. I recently left my last job for many reasons the main one being I suffer from Scheurmans disease which affects the spine and could not get through the 10+ hour days there sat at my computer all day without any real break. I am now working 10 hours a week part time and attempting to set up my own business that allows me the flexibility of breaks and exercise whenever I need it.

 

Secondly can anyone comment on the images I uploaded of the CCA that was sent to me? Is the debt enforceable based on these? :confused:

 

Finally as I made payments in the past have I effectively admitted the debt and will it have to stay on my credit file for 6 years from the date of the last payment or date of the original default or date that they bought the debt? :confused:

 

Please advise.:!:

Edited by giveITallback
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I disagree with the information to set aside. What CapQuest do is send you a statutory demand for bankruptcy. Telling you to declare yourself bankrupt. at your cost. They have not filed a case against you, If they had then yes a stay would be the right procedure.

 

I have recently challenged that very thing on the grounds that could not provide a cca therefore could not prove ownership of the alleged debt, as a result they could not form a bankruptcy case against anybody.

 

They have written back withdrawing the statutory demand. They had no intentions of going ahead with the case .. It was a scare tactic. Thats all those bully boys and women in the DCAs ever do .

 

The case was in dispute as that stands they could not take any further action.Now they have agreed to fully investigate the whole case and write back. Of course it will be a independent investigation i am sure. you know what the DCAS are like. With a frank and honest reply. Dont hold my breath

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Just be warned Capquest are watching this thread as we speak....

 

It is up to you, I can't make the decision for you....and judges vary wildly, however as you can see with these 2 cases (one of which the judge ordered the default to be removed from the OP's files) the more people who oppose them, and DCA's having to pay out costs, the less likely they are to continue to use them, plus a following attempt at a CCJ could possibly be seen as vexatious and unlawful....and i'd always suggest complaining to the OFT too.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/177871-me-lowell-financial-costs.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit-5.html#post1702154

 

Soon DCA's who issue stat demands like this will be in for a shock...!!

 

And this too from the Undersecretary Of State for Trade And Consumer Affairs.

 

"Debt collectors who issue stat demands without giving debtors reasonable opportunities to agree a repayment schedule are likely to be in breach of the OFT's debt collection guidance. This guidance outlines the type of business practice that the OFT consider unfair and therefore incompatible with fitness to hold a consumer credit licence.

 

In addition to this, the government has recently strengthened the OFT regime to give them greater powers to investigate and take action against unscrupulous or incompetent firms. The OFT will be targetting its monitoring and scrutiny activities on debt collectors."

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi Giveitallbacktome There is nothing to set aside. CapQuest have not filed any case to the courts, only informing you that you should declare yourself bankrupt. They are trying to get you to admit to a debt that they maybe cannot prove they own and have no legal powers to collect. It will cost you about £370 to file a case. CapQuest do not want to pay the cost. How can you set aside with the courts a case that has not been issued.. It is just a threat. If and when they issue the case against, which i doubt very much, then you set aside , but not before. If they send out enough of these type of letters somebody will fall for it eventually Regards Blencathra

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I think your agreement would be difficult to argue in front of a judge....and the default will last 6 years from when it was issued by the original creditor.....

 

You can read some more information on defaults here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Do I need to write back to Capquest stating the CCA they send me is not valid? They sent it to me last year a good 7 or 8 months ago. I have not corresponded since that date and they have just continued to offer all kinds of payment plans which I Just ignored. I'm a little confused as to what to do at this stage, the Bankruptcy form they send has no mention of me declaring myself bankrupt and paying any related fees, it just says I have 18 days to set aside. Are they likely to pursue this?

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There are links all over the place and far too much information to take in. Im jmping from pillar to post here and confusing myself :-|

 

Can anyone with experience be called into look at the CCA from the links above? Please help the 18 days have already started.

Edited by giveITallback
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Give it all back. Its up to yourself what you do. Although the SD was not properly served by Crapquest and its highly unlikely that they will follow through with a bankruptcy petition. I t is however possible and if they do it will cost you money to defend. As it stands now you can apply to have their SD set aside on the grounds that they did not comply with your CCA request. You will also be entitled to claim costs against them when successful. Also report them to the OFT, Trading Standards and your MP.

 

The other poster on this thread is WRONG as it costs nothing to apply to have their SD Set Aside.

 

As I said earlier the choice is yours but if you do decide to go for the Set Aside you will get excellent advice from 42 man and others on here.

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I disagree with the information to set aside. What CapQuest do is send you a statutory demand for bankruptcy. Telling you to declare yourself bankrupt. at your cost. They have not filed a case against you, If they had then yes a stay would be the right procedure.

 

 

I think you misunderstand what a Statutory Demand is. Its not an invitation by Crapquest to make yourself but a Statutory Notice that must be served on you prior to them instuting Bankrupt Proceedings.

 

It is generally sent out by most DCAs as a scare tactic to get you to ring their threat monkeys and they usually do not follow through with the Bankruptcy. Getting it set aside costs NOTHING and you can claim your costs. It also brings them under notice with the authorities for breach of process.

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i have had the same from Capquest... first get a CCA request off to them and at then apply for a set aside which is dead easy and costs nothing at your local court.

 

I have a hearing next week and they have written to the court saying they are not attending and asking for the stat demand to be issued. I have done my reseearch on everything as should you and as long as you are prepared, hopefully you will be ok.

 

You need to make sure they can povide the original default notice issued on the account as without that they cannot proceed. Also the notice of assignment and statements for the duration of the account.

 

stay positive.. i felt like you a few weeks ago and although nervous about next week i am feeling more hopeful.

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